Ccj from Lowell for O2 roaming charges in 2009.... Help

[Piparoo1]

Hello,

i have received CCj papers today from Lowell for an O2 mobile phone I took out in 2009. I paid every month the £46 contract. But then my husband took the phone to Gibralter for a weekend for work and O2 put on £800 roaming charges. His company then went bust and we never paid O2 for the ridiculous charges. Now I have a ccj papers from Lowell and it is not over the 6 years as was default in 2009. Shall I defend the claim and hope that they can not provide the paperwork to show I have not paid it?

pleaae help I can not get a ccj as going for a mortgage and I can't afford to pay this £1000 pounds :tinysmile_cry_t:

[Kafka]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

What do the particulars of claim state exactly?

When did you last pay anything or formally acknowledge the account? Was that long before the default date?

[Piparoo1]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

[QUOTE=Piparoo1;496077]Hello,

i have received CCj papers today from Lowell for an O2 mobile phone I took out in 2009. I paid every month the £46 contract. But then my husband took the phone to Gibralter for a weekend for work and O2 put on £800 roaming charges. His company then went bust and we never paid O2 for the ridiculous charges. Now I have a ccj papers from Lowell and it is not over the 6 years as was default in 2009. Shall I defend the claim and hope that they can not provide the paperwork to show I have not paid it?



particluars

state

non regulated communications agreement assigned on the 03/06/2011 ( don't know where this date is from ) notice has been given to the defendant.


On on noddle free credit check it said contract was taken 2008 and default given 2009

[FlamingParrot]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

i have received CCj papers today from Lowell for an O2 mobile phone I took out in 2009. I paid every month the £46 contract. But then my husband took the phone to Gibralter for a weekend for work and O2 put on £800 roaming charges.

:scared: :scared: :scared: What did he do with the phone that weekend to incur such charges? :noidea:

His company then went bust and we never paid O2 for the ridiculous charges. Now I have a ccj papers from Lowell and it is not over the 6 years as was default in 2009. Shall I defend the claim and hope that they can not provide the paperwork to show I have not paid it?

I can only assume O2 wouldn't have sold it to Lowell if you had paid it, however, you may still be able to dispute the debt.

Your first step should be to acknowledge the claim and state your intention to defend in full, you have 14 days to do this. This thread sets out the basic steps to take upon receipt of a claim, however, do bear in mind the CCA request will not apply to a mobile contract: http://www.legalbeagles.info/forums/...322#post418322

particluars

state

non regulated communications agreement assigned on the 03/06/2011 ( don't know where this date is from ) notice has been given to the defendant.

On on noddle free credit check it said contract was taken 2008 and default given 2009

Assigned means when the debt was sold to Lowell.

[Piparoo1]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

He just turned his phone on and they gave him £800 worth of roaming charged for using it abroad.

if I defend and lose will I still get the CCJ if I pay withing the 21 days?

shall I call their bluff and ask for the paperwork?

Are they allowed to put on the 8% interest by s68 of the county courts act?

Guess my only hope is if they haven't got the paperwork ;(


thank you

[FlamingParrot]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

He just turned his phone on and they gave him £800 worth of roaming charged for using it abroad.

if I defend and lose will I still get the CCJ if I pay withing the 21 days?

If a CCJ is paid within 28 days it gets wiped off the record. :thumb:

I'm going to PM a fellow beagle who works in the mobile phone industry to ask her views about the charges and whether they can be disputed. :grin:

[Piparoo1]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

Thank you,

really appreciate it

[Hurricane Puffrose]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

Hi, thanks for bringing this to my attention FP.

As FP says I work in the mobile phone industry, firstly a phone is not charged without being used. The phone calling out for signal does not incur charges, only calls texts and data usage can rack up a charge, so the phone was used when in Gibralter. Also the rate for international charges in 2009 would have been sustantially higher than it is now.

Were you a business or consumer customer of o2? I ask this as part of the T&Cs (yes I am aware the only person to ever read them is Bilbo Baggins) of a consumer contract say if the phone is being used for business purposes, that the contract can be terminated with full termination charges as a breach of t&cs!

Did you query the bill with o2 at time of reciept?

Did you inform o2 of finanical hardship and ask to have this payment taken over 3 months?

Now it is with o2 they cannot and will not deal with it, the records are sent to the 3rd party and then after 3 months of this not being settled, o2 or any other company have no further dealings with it and all queries must be made to the debt collector in question.

[Piparoo1]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

Hi, thanks for bringing this to my attention FP.

As FP says I work in the mobile phone industry, firstly a phone is not charged without being used. The phone calling out for signal does not incur charges, only calls texts and data usage can rack up a charge, so the phone was used when in Gibralter. Also the rate for international charges in 2009 would have been sustantially higher than it is now.

Were you a business or consumer customer of o2? I ask this as part of the T&Cs (yes I am aware the only person to ever read them is Bilbo Baggins) of a consumer contract say if the phone is being used for business purposes, that the contract can be terminated with full termination charges as a breach of t&cs!

Did you query the bill with o2 at time of reciept?

Did you inform o2 of finanical hardship and ask to have this payment taken over 3 months?

Now it is with o2 they cannot and will not deal with it, the records are sent to the 3rd party and then after 3 months of this not being settled, o2 or any other company have no further dealings with it and all queries must be made to the debt collector in question.

It was personal contract. My husband went away with work and he used the phone to answer calls from work during the weekend and the Internet was in . It was an early iPhone and we were not aware of turning off data roaming etc. when the bill came through I did argue it and say it was unfair etc but they were not interested and passed it to debt collectors.

Ive been awake all night worrying about this I just need to know what to so next as I've not yet acknowledged the claim.

thank you

[Hurricane Puffrose]

Re: Ccj from Lowell for O2 roaming charges in 2009.... Help

with the initial bill. the charges would be correct.